DELHI HIGH COURT: SFIO NOT BARRES FROM INVESTIGATING IPC OFFENCES, CONDUCTING 'FURTHER PROBE'

The Delhi High Court in the case R.K. Gupta And Ors. v. Union Of India Through Ministry Of Corporate Affairs And Anr. observed and has stated that the Serious Fraud Investigation Office, SFIO is not barred from investigating offences under the Indian Penal Code, 1860, or conducting further investigation in accordance with law after the Investigation Report has been submitted before the court.

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The bench headed by Justice Amit Sharma in the case observed that from a conjoint and harmonious reading of the relevant provisions of the CrPC and the present Act, as quoted and it cannot be stated that the SFIO is barred from investigating an offence under the Indian Penal Code, 1860. Thus, SFIO is not barred from conducting the further investigation in accordance with the law.

In the present case, the court was dealing with the petition moved by various individuals seeking quashing of SFIO’s Investigation Report titled ‘Investigation Report of Bhushan Power and Steel Limited and Others’ and all the consequent proceedings remanating therefrom. The court in the case observed that they also seek setting aside of a sanction issued by Union Ministry of Corporate Affairs last year granting sanction to SFIO for initiating the prosecution against them. Thus, they also challenged before the court that SFIO’s complaint as well as the summoning order of trial court’s.